Holly Cairns
Question:
233. Deputy Holly Cairns asked the Minister for Justice and Equality the number and location of racial crimes and the rate of prosecution between January 2015 and December 2019, inclusive in tabular form. [10150/20]
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The Deputy will appreciate that Ireland does not currently have specific legislation dealing with hate crime, although a hate motive is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing for any criminal offence.
In addition, the Prohibition of Incitement to Hatred Act 1989 Act prohibits certain forms of threatening, abusive or insulting conduct that are intended or likely to stir up hatred against a group of persons on account of certain characteristics. These characteristics are race, colour, nationality, religion, ethnic or national origins, membership of the travelling community and sexual orientation.
In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. The Director of Public Prosecutions is independent in the exercise of her functions.
The information requested by the Deputy potentially covers a number of circumstances and relates to a significant period of 5 years. I have requested relevant information including from the Garda authorities and the Courts Service on this matter and I will write directly to the Deputy when it is received.
The Deputy will be aware that work is underway in my Department to prepare legislation specifically dealing with hate crime and hate speech.
The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question No. 233 which was for answer on the 8 June 2020 where you asked my predecessor, Charlie Flanagan TD, the number and location of racial crimes and the rate of prosecution between January 2015 and December 2019, inclusive in tabular form.
As you may recall, the information you requested could not be obtained in the time available and the then Minister undertook to contact you again when the information was to hand. I apologise for the delay in responding while I consulted with An Garda Síochána on this matter.
I would like to assure you that I am fully committed to equality for all in Irish society and attach great importance to the fight against discrimination. The new Programme for Government – Our Shared Future – commits to building stronger and safer communities for all in Ireland. As part of this commitment, the Government will introduce hate crime legislation within 12 months which will create specific offences and ensure that those who target victims because of their association with a particular identity characteristic are identified as perpetrators of hate crime. This legislation will be on the basis of an aggravated offences model. It will be supported by training across the criminal justice system, as well as victim supports. In order to ensure that those who seek to encourage and incite others to hate minority groups can be prosecuted, the Government has committed to revise and update the Incitement to Hatred Act 1989, taking account of the public consultation conducted in 2019.
In terms of the current law, you will be aware that the Prohibition of Incitement to Hatred Act 1989 prohibits certain forms of threatening, abusive or insulting conduct that are intended or likely to stir up hatred against a group of persons on account of certain characteristics. These characteristics are race, colour, nationality, religion, ethnic or national origins, membership of the travelling community and sexual orientation.
I understand that there have been in the region of 50 prosecutions since the enactment of the 1989 Act. Other than in relation to incitement, a hate motive is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing for any criminal offence.
I understand that An Garda Síochána has reported, at a national level, on hate-based motivations for crime incidents in previous annual reports. The figures furnished in those annual reports for crime incidents with hate motivations during the last 5 years are as follows:
2015: 164
2016: 290
2017: 324
2018: 340
2019: 250
2020 (up to 15 June): 90
I am informed that hate-related motivations have historically not been recorded for incidents that do not meet the threshold of criminality (i.e. non-crime incidents).
I am further informed by the Garda authorities that An Garda Síochána fully accepts that there is under-recording of hate motivated crimes. However significant actions are underway to improve internal recording of hate-related incidents and also to encourage more reporting by the public. In particular, the Garda Diversity and Integration Strategy has a significant focus on enhancing the identification, reporting, investigation and prosecution of hate crimes.
This includes the introduction in that Strategy of a working definition by An Garda Síochána in relation to their investigation and recording of hate crimes, to the effect that a hate crime is “any criminal offence which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.”
Finally, as part of the Diversity and Integration Strategy, An Garda Síochána is upgrading PULSE to capture hate-related motivations for all incidents, both crime and non-crime. I am confident that this will enable more accurate collation of data in relation to these crimes and incidents in the future.
I trust this information is of assistance.
